Dismissed

Satpal Singh Gurjar S/O Shri Shyoji Lal Gurjar v. State of Rajasthan

Rajasthan HC23 May 2022CW/3348/2022

Case brief

AI extract

What is this about?

This writ petition challenged the eligibility criteria allowing Electrical Engineering graduates to apply for posts of Basic Computer Instructors. The Court examined the B.Tech. syllabus, noting common computer courses, and held that the rule is not arbitrary and is valid under Article 309.

What did the court decide?

The constitutional validity of the eligibility criteria for appointment posts of Basic Computer Instructors challenging the rules was rejected and the petition was dismissed.

Satpal Singh Gurjar S/O Shri Shyoji Lal Gurjar Vs… — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D. B. Civil Writ Petition No. 3348/2022

¶3

Satpal Singh Gurjar S/o Shri Shyoji Lal Gurjar, aged about 26 years, Resident of Ward No. 9, Village Banetha, Tehsil Uniyara, District Tonk

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan, through The Additional Chief Secretary, Department of Education, Secretariat, Jaipur.

¶7

The Joint Secretary, Department of Personnel, Secretariat, Jaipur.

¶8

The Director, Directorate of Secondary Education, Bikaner. 4. Rajasthan Staff Selection Board, Jaipur through its Secretary, RSMSSB, Durgapura, Jaipur.

¶9

----Respondents

¶10

For Petitioner : Mr. Poonam Chand Bhandari Advocate with Mr. T.N. Sharma Advocate and Mr. Rakesh Chandel Advocate.

¶11

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

Order

23/05/2022

Heard on admission.

Constitutional validity of eligibility criteria prescribed for appointment on the post of Basic Computer Instructor under Cloumn 2 of Schedule II appended to the Rajasthan Educational (State and Subordinate) Service Rules, 2021 as amended by Rajasthan Educational (State and Subordinate) Service

¶16

(2 of 8) [CW-3348/2022]

¶17

(Amendment) Rules, 2022, notified vide notification dated 07.01.2022 has been assailed.

¶18

Learned counsel appearing on behalf of the petitioner would argue that while prescribing minimum eligibility criteria and qualification for appointment to the post of Basic Computer Instructor, who are required to teach in Government schools, the rule making authority has arbitrarily included those as eligible, who are possessed of Electrical Engineering without any further requirement of such degree holders possessed of degree/certified courses relating to Computer Technology/Computer Science/Information and Technology.

¶19

According to learned counsel for the petitioner, those who are selected and appointed as Basic Computer Instructor, are required to teach in the schools and their area of teaching would necessarily be with regard to basic computer courses and only those, who are possessed of Degree Courses relating to Computer Science/Computer Technology/Information Technology, should be allowed to compete and those, who are simply Graduate in Electrical Engineering, could not be included as eligible for appointment to the post of Basic Computer Instructor.

¶20

Learned counsel for the petitioner, during the course of arguments, however, fairly disclosed to the Court Teaching and Examination Scheme for I and II Semesters of B.Tech. Course, which is common to all branches of UG Engineering and Technology. The aforesaid Scheme is taken on record and relevant extract of the same is reproduced as below:

¶21

(3 of 8)

¶22

[CW-3348/2022]

¶23

Teaching and Examination Scheme I Semester: B. Tech Common to all branches of UG Engineering & Technology

¶24

SN	Categ ory	Course Code	Course Title	Ho L T	urs P	Ma IA	rks ETE	Total	Cr
1	BSC	1FY2- 01	Engineering Mathematics-I	3 1	-	30	70	100	4
2	BSC	1FY2- 02/ 1FY2- 03	Engineering Physics/ Engineering Chemistry	3 1	-	30	70	100	4
3	HSMC	1FY1- 04/ 1FY1- 05	Communicatio n Skills/ Human Values	2 -	-	30	70	100	2
4	ESC	1FY3- 06/ 1FY3- 07	Programming for Problem Solving/ Basic Mechanical Engineering	2 -	-	30	70	100	2
5	ESC	1FY3- 08/ 1FY3- 09	Basic Electrical Engineering/ Basic Civil Engineering	2 -	-	30	70	100	2
6	BSC	1FY2- 20/ 1FY2- 21	Engineering Physics Lab/ Engineering Chemistry Lab	- -	2	60	40	100	1
7	HSMC	1FY1- 22/ 1FY1- 23	Language Lab/ Human Values Activities and Sports	- -	2	60	40	100	1
8	ESC	1FY3- 24/ 1FY3- 25	Computer Programming Lab/ Manufacturing Practices Workshop	- -	3	60	40	100	1.5
9	ESC	1FY3- 26/ 1FY3- 27	Basic Electrical Engineering Lab/ Basic Civil Engineering Lab	- -	2	60	40	100	1
10	ESC	1FY3- 28/ 1FY3- 29	Computer Aided Engineering Graphics/ Computer Aided Machine Drawing	- -	3	60	40	100	1.5
11	SODE CA	1FY8- 00						100 Tota	0.5 l 20.5

¶25

L =Lecture, T = Tutorial, P =Practical, IA = Internal Assessment, ETE = End Term Exam, Cr = Credits

¶26

(4 of 8)

¶27

[CW-3348/2022]

¶28

Teaching and Examination Scheme II Semester: B. Tech. Common to all branches of UG Engineering & Technology

¶29

SN	Categ ory	Course Code	Course Title	Hou L T	rs P	Ma IA	rks ETE	Total	Cr
1	BSC	2FY2- 01	Engineering Mathematics- II	3 1	-	30	70	100	4
2	BSC	2FY2- 03/ 2FY2- 02	Engineering Chemistry/ Engineering Physics	3 1	-	30	70	100	4
3	HSMC	2FY1- 05/ 2FY1- 04	Human Values/ Communicatio n Skills	2 -	-	30	70	100	2
4	ESC	2FY3- 07/ 2FY3- 06	Basic Mechanical Engineering/ Programming for Problem Solving	2 -	-	30	70	100	2
5	ESC	2FY3- 09/ 2FY3- 08	Basic Civil Engineering/ Basic Electrical Engineering	2 -	-	30	70	100	2
6	BSC	2FY2- 21/ 2FY2- 20	Engineering Chemistry Lab/ Engineering Physics Lab	- -	2	60	40	100	1
7	HSMC	2FY1- 23/ 2FY1- 22	Human Values Activities and Sports/ Language Lab	- -	2	60	40	100	1
8	ESC	2FY3- 25/ 2FY3- 24	Manufacturing Practices Workshop/ Computer Programming Lab	- -	3	60	40	100	1.5
9	ESC	2FY3- 27/ 2FY3- 26	Basic Civil Engineering Lab/ Basic Electrical Engineering Lab	- -	2	60	40	100	1
10	ESC	2FY3- 29/ 2FY3- 28	Computer Aided Machine Drawing/ Computer Aided Engineering Graphics	- -	3	60	40	100	1.5
11	SODE CA	2FY8- 00						100	0.5

Total 20.5

(5 of 8)

[CW-3348/2022]

L =Lecture, T = Tutorial, P =Practical, IA = Internal Assessment, ETE = End Term Exam, Cr = Credits

¶34

The details of Computer Programming Lab, forming part of common teaching programme to all branches of UG Engineering and Technology in I and II Semesters of B.Tech. Course are as below:

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I & II Semester

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Common to all branches of UG Engineering & Technology 1FY3-24/ 2FY3-24: Computer Programming Lab

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To learn about the C Library, Preprocessor directive, Inputoutput statement.

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Programs to learn data type, variables, If-else statement

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Programs to understand nested if-else statement and switch statement

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Programs to learn iterative statements like while and do-while loops

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Programs to understand for loops for iterative statements

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Programs to learn about array and string operations

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Programs to understand sorting and searching using array

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Programs to learn functions and recursive functions

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Programs to understand Structure and Union operation

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Programs to learn Pointer operations

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Programs to understand File handling operations

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Programs to input data through Command line argument.

¶49

Further, the detailed curricula of teaching in I and II

¶50

Semesters common to all branches of UG Engineering and Technology relating to Computer Aided Engineering Graphics are

¶51

as below:

¶52

I & II Semester

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Common to all branches of UG Engineering & Technology 1FY3-28/ 2FY3-28: Computer Aided Engineering Graphics

¶54

Introduction: Principles of drawing, lines, type of lines, usage of Drawing instruments, lettering, Conic sections including parabola, hyperbola, Rectangular Hyperbola (General method only); ScalesPlain, Diagonal and Vernier Scales.

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Projections of Point & Lines: Position of Point, Notation System, Systematic Approach for projections of points, front view

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(6 of 8)

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[CW-3348/2022]

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& Top view of point, Position of straight lines, line parallel to Both the RPs, Line perpendicular to either of the RPs, Line inclined to one RP and parallel to the other, Line inclined to Both the RPs, Traces of a line (One drawing sheet, one assignment in sketch book).

¶59

Projection of Planes: Positions of planes, Terms used in projections of planes, plane parallel to RP, plane inclined to one RP and perpendicular to the other RP, plane perpendicular to Both the RPs, plane Inclined to Both the RPs, True shape of the plane, Distance of a point from plane, Angle between two planes.

¶60

Projections of Regular Solids: Frustum and truncated solids, those inclined to both the Planes-Auxiliary Views.

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Section of Solids: Theory of sectioning, section of prisms and cubes, section of pyramids and Tetrahedron section of Cylinders, section of cones, section of spheres (One drawing sheet, one assignment in sketch book)

¶62

Overview of Computer Graphics: Covering theory of CAD software [such as: The menu System, Toolbars (standard, Object Properties, Draw, Modify and Dimension), Drawing Area (Background, Crosshairs, Coordinate System), Dialog boxes and windows, Shortcut menus (Button Bars), Command Line (where applicable), The Status Bar, Different methods of zoom as used in CAD Select and erase objects.: Isometric Views of lines, Planes, Simple and compound Solids.

¶63

Moreover, devised curriculum common to all branches

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of UG Engineering and Technology in the subject of Computer Aided Machine Drawing is as below:

¶65

I & II Semester

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Common to all branches of UG Engineering & Technology 1FY3-29/ 2FY3-29: Computer Aided Machine Drawing

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Introduction: Principles of drawing, conventional representation of machine components and materials, lines, types of lines, dimensioning types, rules of dimensioning.

¶68

Conversion of pictorial views into orthographic views: (1 drawing sheet) Introduction to orthographic projection, concept of first angle and third angle projection, drawing of simple machine elements in first angle projection, missing view problems covering Principles of Orthographic Projections.

¶69

Sectional views of mechanical components: (1 drawing sheet) Introduction, cutting plane line, type of sectional views-full section, half section, partial or broken section, revolved section, removed section, offset section, sectioning conventions-spokes, web rib, shaft, pipes, different types of holes, conventions of

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(7 of 8)

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[CW-3348/2022]

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section lines for different metals and materials.

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Fasteners and other mechanical components: (Free hand sketch) Temporary and permanent fasteners, thread nomenclature and forms, thread series, designation, representation of threads, bolted joints, locking arrangement of nuts, screws, washers, foundation bolts etc., keys, types of keys, cotter and knuckle joints. Riveted joints, rivets and riveting, type of rivets, types of riveted joints etc. Bearing: Ball, roller, needle, foot step bearing. Coupling: Protected type, flange, and pin type flexible coupling. Other components: Welded joints, belts and pulleys, pipes and pipe joints, valves etc.

¶74

Overview of Computer Graphics: (2 drawing sheets) Covering theory of CAD software such as: The menu System, Toolbars (Standard, Object Properties, Draw, Modify and Dimension), Drawing Area (Background, Crosshairs, Coordinate System), Dialog boxes and windows, Shortcut menus (Button Bars), Command Line (Where applicable), The Status Bar, Different methods of zoom as used in CAD, Select and erase objects.: Isometric Views of Lines, Planes, Simple and compound Solids.

¶75

From the aforesaid disclosure of Teaching and Examination Scheme for I and II Semesters of B.Tech., it is vividly clear that a Graduate in B.Tech. Electrical Engineering, during the course of his study, is also taught in the subjects of Computer Programming Lab/Manufacturing Practices Workshop, Computer Aided Engineering Graphics/Computer Aided Machine Drawing in the I Semester and thereafter also, taught Manufacturing Practices Workshop/Computer Programming Lab and Computer Aided Machine Drawing/Computer Aided Engineering Graphics in II Semester. The details of the said courses, as quoted hereinabove, clearly show that even a Graduate in B.Tech Electrical Engineering has been taught in subjects relating to computer. To say, therefore, that the qualifications possessed by a Graduate in B.Tech. Electrical Engineering has nothing to do with computers and for that reason, he is not qualified to teach Basic Computer Course in schools, is factually incorrect.

¶76

(8 of 8)

¶77

[CW-3348/2022]

¶78

Prescription of eligibility criteria for appointment to any public post, prescribed by way of rules and regulations, is essentially legislative function. The Rules under challenge have been framed by the Governor in exercise of powers conferred under Proviso to Article 309 of the Constitution of India. Unless the rule is shown to be against the provisions of the Constitution, inconsistent with the statutory scheme of legislative enactment or suffers from manifest arbitrariness, it is beyond the scope of challenge. The prescription of eligibility criteria under challenge does not appear to be against the provisions of the Constitution or any other Central or State Enactment, nor could it be demonstrated as manifestly arbitrary.

¶79

In view of above, this writ petition deserves to be dismissed and the same is, accordingly, dismissed.

¶80

(SAMEER JAIN),J

¶81

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

¶82

MANOJ NARWANI

Satpal Singh Gurjar S/O Shri Shyoji Lal Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Satpal Singh Gurjar S/O Shri Shyoji Lal Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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